This bill has been amended

Bill S145-2013

Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor

Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor.

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  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S145

TITLE OF BILL: An act to amend the penal law, in relation to firearms

PURPOSE OR GENERAL IDEA OF BILL: Creates two new crimes of aggravated sale of a firearm and aggravated sale of a firearm to a minor.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the Penal Law by adding two new sections, 265.45 and 265.50. Section 265.45 provides that an individual is guilty of a class "D" felony, aggravated sale of a firearm, when he or she knowingly and unlawfully sells, exchanges, gives or disposes of a firearm, which he or she knows has been either used in the commission of a felony offense, has been stolen from its lawful owner, or has been defaced. Section 265.50 states that a person is guilty of a class "C" felony, aggravated sale of a firearm to a minor, when being over the age of eighteen (18), he or she, commits the crime of aggravated sale of a firearm to a person who the defendant believes to be less than eighteen years (18).

Section 2. Amends the Penal Law, Section 70.02, paragraphs (b) and (c). Adds aggravated sale of a firearm to minor as a class C violent felony offense and aggravated sale of a firearm as a class D violent felony offense.

Section 3. Effective Date

EXISTING LAW: None.

JUSTIFICATION: This bill targets individuals who intentionally sell firearms to persons who the seller believes to be under eighteen years (18) of age and individuals who traffic in firearms that have previously been used in the commission of a felony offense or stolen from their lawful owners or defaced to prevent them from being traced. Traffic in these "crime guns" is a particularly pernicious type of criminal conduct, which plagues many communities of our state.

PRIOR LEGISLATIVE HISTORY: 2012: S.558B - Amend and Recommit to Crime Victims, Crime and Corrections/A.1644B, Advanced to Third Reading 2011: S.558 - Discharged from Codes and Committed to Crime Victims, Crime and Correction/A.1644 - Advanced to Third Reading Calendar 2010: S.7680 - Passed Senate/A.10910 - Advanced to Third Reading

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 145 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding two new sections 265.45 and 265.50 to read as follows: S 265.45 AGGRAVATED SALE OF A FIREARM. A PERSON IS GUILTY OF AGGRAVATED SALE OF A FIREARM WHEN SUCH PERSON KNOWINGLY AND UNLAWFULLY SELLS, EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHICH HE OR SHE KNOWS HAS BEEN: 1. USED IN THE COMMISSION OF A FELONY OFFENSE; 2. STOLEN FROM ITS LAWFUL OWNER; OR 3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00 OF THIS ARTICLE. AGGRAVATED SALE OF A FIREARM IS A CLASS D FELONY. S 265.50 AGGRAVATED SALE OF A FIREARM TO A MINOR. A PERSON OVER THE AGE OF EIGHTEEN IS GUILTY OF AGGRAVATED SALE OF A FIREARM TO A MINOR WHEN SUCH PERSON KNOWINGLY AND UNLAWFULLY SELLS, EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO A PERSON WHO IS, OR WHO THE DEFENDANT BELIEVES TO BE LESS THAN EIGHTEEN YEARS OF AGE, WHICH HE OR SHE KNOWS HAS BEEN: 1. USED IN THE COMMISSION OF A FELONY OFFENSE; 2. STOLEN FROM ITS LAWFUL OWNER; OR 3. DEFACED AS DEFINED BY SUBDIVISION SEVEN OF SECTION 265.00 OF THIS ARTICLE. AGGRAVATED SALE OF A FIREARM TO A MINOR IS A CLASS C FELONY. S 2. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as amended by chapter 148 of the laws of 2011
and paragraph (c) as amended by chapter 405 of the laws of 2010, are amended to read as follows: (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, crim- inal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, AGGRAVATED SALE OF A FIREARM TO A MINOR AS DEFINED IN SECTION 265.50, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biolog- ical weapon in the third degree as defined in section 490.37. (c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, AGGRAVATED SALE OF A FIREARM AS DEFINED IN SECTION 265.45, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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